Acceptance of the Terms of Use
These terms of use are entered into by and between you and MISSIK Technologies, LLC ("Company," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use") govern your access to and use of the Roamy App and any related applications or websites we control, including any content, functionality, and services offered on or through the Roamy App (collectively, the "Roamy App").
Please read the Terms of Use carefully before you start to use the Roamy App. By using the Roamy App, you accept and agree to be bound and abide by these Terms of Use and our Privacy Notice, found at [PRIVACY NOTICE URL], incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Roamy App.
The Roamy App is offered and available to users who are at least 16 years of age. By using this Roamy App, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the eligibility requirements. If you do not meet all of these requirements, you must not access or use the Roamy App.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Roamy App thereafter.
Your continued use of the Roamy App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Roamy App so you are aware of any changes, as they are binding on you.
Accessing the Roamy App and Account Security
We reserve the right to withdraw or amend this Roamy App, and any service or material we provide on the Roamy App, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Roamy App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Roamy App, or the entire Roamy App, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Roamy App.
Ensuring that all persons who access the Roamy App are aware of these Terms of Use and comply with them.
To access the Roamy App or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Roamy App that all the information you provide on the Roamy App is correct, current, and complete. You agree that all information you provide to register with this Roamy App or otherwise, including, but not limited to, through the use of any interactive features on the Roamy App, is governed by our Privacy Policy [LINK TO PRIVACY NOTICE], and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Roamy App or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Roamy App and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Roamy App for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Roamy App, except as follows:
Your device may temporarily store copies of such materials incidental to your accessing and viewing those materials.
You must not:
Modify copies of any materials from the Roamy App.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Roamy App.
You must not access or use for any commercial purposes any part of the Roamy App or any services or materials available through the Roamy App.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Roamy App in breach of the Terms of Use, your right to use the Roamy App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Roamy App or any content on the Roamy App is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Roamy App not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Prohibited Uses
You may use the Roamy App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Roamy App:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Roamy App, or which, as determined by us, may harm the Company or users of the Roamy App, or expose them to liability.
Additionally, you agree not to:
Use the Roamy App in any manner that could disable, overburden, damage, or impair the Roamy App or interfere with any other party's use of the Roamy App, including their ability to engage in real time activities through the Roamy App.
Use any robot, spider, or other automatic device, process, or means to access the Roamy App for any purpose, including monitoring or copying any of the material on the Roamy App.
Use any manual process to monitor or copy any of the material on the Roamy App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Roamy App.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Roamy App, the server on which the Roamy App is stored, or any server, computer, or database connected to the Roamy App.
Attack the Roamy App via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Roamy App.
User Contributions
The Roamy App may contain profiles, feedback, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Roamy App.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Roamy App, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Roamy App.
Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Roamy App or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Roamy App.
Terminate or suspend your access to all or part of the Roamy App for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Roamy App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Roamy App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Notice.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reliance on Information Posted
The information presented on or through the Roamy App is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Roamy App, or by anyone who may be informed of any of its contents.
This Roamy App may include content provided by third parties, including materials provided by other users, third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Roamy App
We may update the content on this Roamy App from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Roamy App may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Roamy App
All information we collect on this Roamy App is subject to our Privacy Policy [LINK TO PRIVACY NOTICE]. By using the Roamy App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Links from the Roamy App
To the extent, the Roamy App contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Roamy App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Roamy App is based in the State of Texas in the United States. We make no claims that the Roamy App or any of its content is accessible or appropriate outside of the United States. Access to the Roamy App may not be legal by certain persons or in certain countries. If you access the Roamy App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Digital Millennium Copyright Act compliance
We take copyright infringement seriously and expect you to as well. If you believe any materials available on the Roamy App infringe your copyright, please click here to see our policy on copyright infringement and how to communicate with us on any alleged infringement.
Health and Wellbeing
YOU AGREE AND ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF YOU ARE PHYSICALLY FIT/ OR SKILLED ENOUGH FOR ACTIVITIES YOU MAY ACCESS THROUGH THE ROAMY APP AND YOU AGREE AND ACKNOWLEDGE YOU HAVE NO KNOWN MEDICAL OR PHYSICAL CONDITION WHICH COULD INTERFERE WITH YOUR SAFETY THROUGH THE USE OF THE ROAMY APP. IF YOU DO HAVE MEDICAL OR PHYSICAL CONDITIONS WHICH MAY CAUSE INJURY THROUGH USE OF THE ROAMY APP, YOU MAY NOT USE THE ROAMY APP. IT IS ALWAYS ADVISABLE, ESPECIALLY IF YOU ARE UNSURE IF YOU ARE PHYSICALLY FIT/OR SKILLED FOR ACTIVITIES IN THE ROAMY APP TO CONSULT A PHYSICIAN BEFORE UNDERTAKING ANY PHYSICAL ACTIVITY LISTED IN THE ROAMY APP.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that the Roamy App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DEVICE APPLICATIONS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ROAMY APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ROAMY APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO IT.
YOUR USE OF THE ROAMY APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ROAMY APP IS AT YOUR OWN RISK. THE ROAMY APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE ROAMY APP ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ROAMY APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE ROAMY APP, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ROAMY APP WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE ROAMY APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ROAMY APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
YOU EXPRESSLY AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY INJURIES YOU MAY SUFFER THROUGH THE ROAMY APP. SOME ACTIVITIES ACCESSED THROUGH THE ROAMY APP MAY BE HIGH-RISK ACTIVITIES BY USING THE ROAMY APP, YOU ACKNOWLEDGE, UNDERSTAND, AND ASSUME ALL RISK ARISING OUT OF USE OF THE ROAMY APP AND RELATED ACTIVITIES AND UNDERSTAND THAT SUCH USE AND ACTIVITIES INVOLVE RISK AND DANGERS, INCLUDING BUT NOT LIMITED TO TRANSPORTATION TO AND FROM SAID ACTIVITIES, AND DROWNING, BODILY INJURY, CLOSED HEAD INJURY, CONCUSSION, PARTIAL OR TOTAL DISABILITY, PARALYSIS AND DEATH TO PARTICIPANT’S PERSON AND DAMAGES WHICH MAY ARISE THEREFROM E. IT IS THE PURPOSE OF THIS DISCLAIMER TO EXEMPT, WAIVE AND RELIEVE US FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE, AND WRONGFUL DEATH, INCLUDING IF CAUSED BY NEGLIGENCE, INCLUDING THE NEGLIGENCE, IF ANY, BY US INCLUDING OUR OFFICERS, AGENTS, AFFILIATES AND EMPLOYEES. YOU ACKNOWLEDGE AND AGREE THAT IF ANY CLAIM FOR YOUR PERSONAL INJURY OR WRONGFUL DEATH IS COMMENCED AGAINST US, YOU SHALL DEFEND, INDEMNIFY AND SAVE HARMLESS RELEASEES FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION BY WHOMEVER OR WHEREVER MADE OR PRESENTED FOR YOUR PERSONAL INJURIES, PROPERTY DAMAGE OR WRONGFUL DEATH .
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ROAMY APP, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE ROAMY APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Roamy App, including, but not limited to, your user contributions, any use of the Roamy App's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Roamy App.
Governing Law and Jurisdiction
All matters relating to the Roamy App and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Roamy App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado, in each case located in the City of Denver and County of Denver, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
All disputes arising from these Terms of Use or use of the Roamy App, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Colorado law.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and MISSIK Technologies, LLC regarding the Roamy App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Roamy App.
Your Comments and Concerns
This application is operated by MISSIK Technologies, LLC.
All feedback, comments, requests for technical support, and other communications relating to the Roamy App should be directed to: info@roamyapp.com
